Boral Transport Limited T/A Boral Transport

[2018] FWCA 2184

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Boral Transport Limited T/A Boral Transport

(AG2017/6760)

Boral Transport Limited Hunter Region Tipper Agreement 2017

Road transport industry
Commissioner Johns	CANBERRA, 16 APRIL 2018

Application for approval of the Boral Transport Limited Hunter Region Tippers Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Boral Transport Limited Hunter Region Tippers Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boral Transport Limited T/A Boral Transport. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 April 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Transport Limited, trading as Boral Transport, applied to the Fair Work Commission for approval of the Boral Transport Limited Hunter Region Tippers Agreement 2017. The dispute involved the terms of employment and industrial relations for employees in the Hunter region who were classified as tippers. The application was heard by the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Act. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms of employment, taking into account various factors such as wage rates, working conditions, and procedural fairness. The Commission also had to consider whether the agreement complied with the provisions of the Fair Work Act, including provisions related to employee representation and the protection of employee rights.

In reaching its decision, the Commission examined the content of the proposed agreement, including the wage rates, working conditions, and procedural provisions. The Commission also took into account submissions from both the employer and the employees' representative, as well as relevant industry benchmarks and precedents. After careful consideration of all the evidence and arguments, the Commission determined that the agreement provided for fair and reasonable terms of employment and complied with the requirements of the Act. The Commission approved the Boral Transport Limited Hunter Region Tippers Agreement 2017.

The Commission made orders approving the agreement, subject to certain conditions and modifications to ensure compliance with the Act. The employer was required to implement the agreement in accordance with the terms and conditions set out in the approved agreement. The employees' representative was granted certain rights and protections under the agreement, including the right to be consulted on certain matters and the right to access information from the employer. The Commission also made orders relating to the enforcement of the agreement and the resolution of any disputes that may arise under the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established